Table Of Contents,
2020
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Texas Landfills: The Need For Administrative Reform Of The Texas Commission On Environmental Quality’S Permitting Process,
2020
St. Mary's University School of Law
Texas Landfills: The Need For Administrative Reform Of The Texas Commission On Environmental Quality’S Permitting Process, William Todd Keller Jr.
St. Mary's Law Journal
Abstract forthcoming
Brief Of Amicus Curiae The Washington And Lee University School Of Law Black Lung Clinic In Support Of Petitioners: California V. Texas,
2020
Washington and Lee University School of Law
Brief Of Amicus Curiae The Washington And Lee University School Of Law Black Lung Clinic In Support Of Petitioners: California V. Texas, Timothy C. Macdonnell
Scholarly Articles
Section 1556 of the Patient Protection and Affordable Care Act (PPACA) makes two major changes to the Black Lung Benefits Act. These changes remove limiting language to make it simpler for disabled miners and their families to establish that they are entitled to federal benefits. First, § 1556(a) reinstates the fifteen-year rebuttable presumption, which presumptively entitles former coal miners to benefits if they have worked over fifteen years underground and have a totally disabling pulmonary disease. The second, § 1556(b), reinstates a continuation of benefits for surviving spouses whose coal-mining spouse was receiving benefits at the time of their death. …
State Efforts To Create An Inclusive Marijuana Industry In The Shadow Of The Unjust War On Drugs,
2020
University of Maryland - Baltimore
State Efforts To Create An Inclusive Marijuana Industry In The Shadow Of The Unjust War On Drugs, Mathew Swinburne, Kathleen Hoke
Journal of Business & Technology Law
No abstract provided.
Upskirting, Bitcoin, And Crime, Oh My: Judicial Resistance To Applying Old Laws To New Crimes – What Is A Legislature To Do?,
2020
University of Cincinnati College of Law
Upskirting, Bitcoin, And Crime, Oh My: Judicial Resistance To Applying Old Laws To New Crimes – What Is A Legislature To Do?, Michael Whiteman
Indiana Law Journal
As technology continues to advance at a break-neck speed, legislatures often find themselves scrambling to write laws to keep up with these advances. Prosecutors are frequently faced with the prospect of charging a defendant with a crime based on an existing law that does not quite fit the circumstances of the defendant’s actions. Judges, cognizant of the fact that legislatures, and not the judiciary, have the primary responsibility for creating crimes, have pushed back. Judges routinely refuse to convict a defendant if the statute does not fairly criminalize the defendant’s actions. To determine if a defendant’s actions fit within a …
The Major Questions Doctrine: How The Supreme Court’S Efforts To Rein In The Effects Of Chevron Have Failed To Meet Expectations,
2020
Candidate for J.D., Roger Williams University School of Law, 2020
The Major Questions Doctrine: How The Supreme Court’S Efforts To Rein In The Effects Of Chevron Have Failed To Meet Expectations, Andrew Howayeck
Roger Williams University Law Review
No abstract provided.
2019 Rhode Island Public Laws,
2020
Roger Williams University
2019 Rhode Island Public Laws
Roger Williams University Law Review
No abstract provided.
A Source Of Hope: Looking To Massachusetts’S Fair Housing Law As A Guide For Rhode Island’S Proposed Legislation To Protect Public Assistance Recipients From Housing Discrimination,
2020
Candidate for Juris Doctor, Roger Williams University School of Law
A Source Of Hope: Looking To Massachusetts’S Fair Housing Law As A Guide For Rhode Island’S Proposed Legislation To Protect Public Assistance Recipients From Housing Discrimination, Sarah Friedman
Roger Williams University Law Review
No abstract provided.
The Pursuit Of Comprehensive Education Funding Reform Via Litigation,
2020
Northwestern Pritzker School of Law
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
Northwestern Journal of Law & Social Policy
No abstract provided.
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?,
2020
Northwestern Pritzker School of Law
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Northwestern Journal of Law & Social Policy
No abstract provided.
Saving Money On Health Insurance Just Got A Lot Easier . . . Or Did It?: The Preserving Employee Wellness Programs Act And Its Impact On The Future Of Employee Health,
2020
Faegre Drinker
Saving Money On Health Insurance Just Got A Lot Easier . . . Or Did It?: The Preserving Employee Wellness Programs Act And Its Impact On The Future Of Employee Health, Zachary Maciejewski
Indiana Law Journal
This Note addresses the growing use of employer-sponsored wellness programs in the American workplace and the concomitant harms and risks these programs impose on employee privacy and insurance costs. Specifically, this Note analyzes the Preserving Employee Wellness Programs Act (PEWPA)—a proposed law that would allow employers to require employees to disclose genetic information to qualify for an employer-sponsored wellness program (and the program’s associated insurance premium benefits). This Note ultimately argues that employees and employee advocacy groups must work to thwart PEWPA to preserve employee privacy in the face of mounting corporate pressure to alter the structure of employer-sponsored health …
Rethinking The Highway: Integrating Delivery Drones Into Airspace Above Highways,
2020
Barnes & Thornburg LLP
Rethinking The Highway: Integrating Delivery Drones Into Airspace Above Highways, Daniel Thompson
Indiana Law Journal
It is no secret that drones are occupying the skies, but where are they supposed to fly? Drones will need to share airspace with other aircraft, and, eventually, other drones. Considering that drones come in different shapes and sizes and serve different functions, businesses and lawmakers should coordinate to propose creative solutions. This Note proposes one such solution: municipal, state, and federal governments should lease the airspace above roads and highways to develop an infrastructure capable of supporting the unique characteristics of delivery drones.
Who Gets To Operate On Herbie? Right To Repair Legislation In The Context Of Automated Vehicles,
2020
University of Michigan Law School
Who Gets To Operate On Herbie? Right To Repair Legislation In The Context Of Automated Vehicles, Jennifer J. Huseby
Journal of Law and Mobility
You bought it, you own it, but do you have the right to repair it? As right-to-repair remains a hot topic in the context of consumer electronics such as smartphones, one must consider the ramifications it may have for the automated vehicle (“AV”) industry. As the backdrop for one of the first legislative victories for right-to-repair, the automobile industry has continued to push for the expansion of right-to-repair to cover increased access to telematics and exceptions to proprietary software controls. However, as we revisit the issue for more highly connected and automated vehicles, it is important to assess the unique …
Golden Parachutes And The Limits Of Shareholder Voting,
2020
University of Michigan Law School
Golden Parachutes And The Limits Of Shareholder Voting, Albert H. Choi, Andrew C.W. Lund, Robert Schonlau
Articles
With the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, Congress attempted to constrain change-in-control payments (also known as “golden parachutes”) by giving shareholders the right to approve or disapprove such payments on an advisory basis. This Essay is the first to empirically examine the experience with the Say-on-Golden-Parachute (“SOGP”) vote. We find that unlike shareholder votes on proposed mergers, there is a significant amount of variation with respect to votes on golden parachutes. Notwithstanding the variation, however, the SOGP voting regime is likely ineffective in controlling golden parachute (“GP”) compensation. First, proxy advisors seem …
Hacking For Intelligence Collection In The Fight Against Terrorism: Israeli, Comparative, And International Perspectives,
2020
Maurer School of Law - Indiana University
Hacking For Intelligence Collection In The Fight Against Terrorism: Israeli, Comparative, And International Perspectives, Asaf Lubin
Articles by Maurer Faculty
תקציר בעברית: הניסיון של המחוקק הישראלי להביא להסדרה מפורשת של סמכויות השב״כ במרחב הקיברנטי משקף מגמה רחבה יותר הניכרת בעולם לעיגון בחקיקה ראשית של הוראות בדבר פעולות פצחנות מצד גופי ביון ומודיעין ורשויות אכיפת חוק למטרות איסוף מודיעין לשם סיכול עבירות חמורות, ובייחוד עבירות טרור אם בעבר היו פעולות מסוג אלה כפופות לנהלים פנימיים ומסווגים, הרי שהדרישה לשקיפות בעידן שלאחר גילויי אדוארד סנודן מחד והשימוש הנרחב בתקיפות מחשב לביצוע פעולות חיפוש וחקירה לסיכול טרור מאידך, מציפים כעת את הדרישה להסמכה מפורשת. במאמר זה אבקש למפות הן את השדה הטכנולוגי והן את השדה המשפטי בכל האמור בתקיפות מחשבים למטרות ריגול ומעקב. …
Legal Risks Of Adversarial Machine Learning Research,
2020
Microsoft Corporation
Legal Risks Of Adversarial Machine Learning Research, Ram Shankar Siva Kumar, Jonathon Penney, Bruce Schneier, Kendra Albert
Articles, Book Chapters, & Popular Press
Adversarial machine learning is the systematic study of how motivated adversaries can compromise the confidentiality, integrity, and availability of machine learning (ML) systems through targeted or blanket attacks. The problem of attacking ML systems is so prevalent that CERT, the federally funded research and development center tasked with studying attacks, issued a broad vulnerability note on how most ML classifiers are vulnerable to adversarial manipulation. Google, IBM, Facebook, and Microsoft have committed to investing in securing machine learning systems. The US and EU are likewise putting security and safety of AI systems as a top priority.
Now, research on adversarial …
Portrait Of A Transplant Artist,
2020
Dalhousie University Schulich School of Law
Portrait Of A Transplant Artist, Kim Brooks
Articles, Book Chapters, & Popular Press
This article explores the process of norm migration through the study of one tax expert, Victor Thuronyi. It situates the literature on the role of experts in tax norm migration and identifies core themes and gaps in the tax transplant literature; explores five themes, connected to the literature on the role of tax experts and tax transplants, that arise from a study of Victor Thuronyi’s contributions to tax transplantation; and concludes with some reflections on the benefits and challenges of having highly specialized, non-insider tax experts engaged in the exercise of drafting tax laws.
The Ethical Tax Judge,
2020
Dalhousie University Schulich School of Law
The Ethical Tax Judge, Kim Brooks
Articles, Book Chapters, & Popular Press
This chapter advances the claim that judges have an ethical obligation of competence that requires them to enhance their knowledge about language (in the context of statutory interpretation) and income tax law design and policy. It articulates some of the foundational understandings that support that competence and provides a simple hierarchy of approaches to interpreting income tax law. It concludes by contending that greater competence is not only more ethical but also advances other important societal goals fulfilled by the imposition of income tax systems.
The Supreme Court And The 117th Congress,
2020
Emory University School of Law
The Supreme Court And The 117th Congress, Andrew K. Jennings, Athul K. Acharya
Faculty Articles
If the late Justice Ruth Bader Ginsburg’s successor is confirmed before the 2020 presidential election or in the post-election lame-duck period, and if Democrats come to have unified control of government on January 20, 2021, how can they respond legislatively to the Court’s new 6-3 conservative ideological balance? This Essay frames a hypothetical 117th Congress’s options, discusses its four simplest legislative responses—expand the Court, limit its certiorari discretion, restrict its jurisdiction, or reroute its jurisdiction—and offers model statutory language for enacting those responses.
Interbranch Information Sharing: Examining The Statutory Opinion Transmission Project,
2020
Duke Law School
Interbranch Information Sharing: Examining The Statutory Opinion Transmission Project, Marin K. Levy, Tejas N. Narechania
Faculty Scholarship
No abstract provided.
